|Immigrant Visa This forum is for asking questions from Immigration Attorney.
By participating in this forum or reviewing or reading a transcript or recording of any forum discussion or conference call, you agree that you have read and understand the following disclaimer:
The information provided in this forum as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.
||LinkBack||Thread Tools||Display Modes|
EB3-EB2 Porting questions
My situation is below:
-Applied I485 during July 07 based on non-PERM EB3 I140 with a PD of Mar 2005.
-Also have a second PERM based I140 approved in same EB3 category.
-I have MS degree from US but when i joined company A, My graduation was still pending at that time though i completed all degree requirements and so my application was filed in EB3 category. One of my friends in the same situation and working for the same company had filed in EB2 category and got I140 approved in EB2 category.
-I was told that you can't file a second EB2 PERM labor from same company if you already have a approved EB3 PERM labor unless job requirement was 50% different from current one.
-Also, Company A's policy is not to provide copy of approved I140 to employees and revoke them once employment is terminated.
-Now company A is being acquired by another company B.
Here's my questions:
1. Should company B file AC21 for all company A employees with pending I485?
2. Is it possible to amend approved EB3 I140 to change category to EB2?
3. If answer is YES to 2 then what kind of documentation is required?
4. If answer is No to 2, Can company B file new EB2 PERM labor based on MS degree?
5. If YES to 3, Does company B need a copy of EB3 approved I140 to port the PD to EB2 I140?
6. Is it possible to port PD without a copy of approved I140? If yes, what other documentation is required?
7.Assuming EB2 I140 is approved, what is the procedure to change the underlying I140 petition for I485?
8. if i get married, Can i apply I485 for spouse when EB2 I140 gets approved with old PD of Mar 2005 and dates for EB2 category are current?
Thanks in advance for answering my questions.
Consult an intelligent attorney
|Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)|
|Thread||Thread Starter||Forum||Replies||Last Post|
|EB3 to EB2 porting||Jonas73||Priority dates transfers and Post 140-approval options||7||04-30-2009 09:58 PM|
|Porting from EB3 to EB2||GCard_Dream||All other Green Card Issues||26||01-12-2009 02:28 PM|
|PD Porting Questions||ita||Priority dates transfers and Post 140-approval options||2||01-12-2009 01:26 PM|
|I 140 PD porting: What to do?||pd_recapturing||All other Green Card Issues||8||06-20-2007 12:01 AM|
|Porting PD||sanam9696||All other Green Card Issues||0||06-14-2007 09:03 PM|